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Financial Word of the Week: Charitable Remainder Trust

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Financial Word of the Week - charitable remainder trust

Conceptually, a charitable remainder trust (CRT) is similar to a charitable lead trust (CLT), except the payouts happen in the reverse order. In fact, a CRT is a trust that provides for distributions  to one or more individuals for a term specified under the terms of the CRT, with the balance passing to one or more charities at the end of the specified term.  The individuals generally receive an annual payment equal to a fixed annuity amount or a percentage of the trust assets valued annually.  The individuals will generally receive these payments either for a term of years (up to 20 years) or throughout the lives of one or more named individuals.

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Unlike a CLT, a CRT is considered a tax-exempt trust, and the trust itself does not pay any taxes. This allows the donor a current charitable deduction for contributions made to the CRT with the amount of the deduction being the present value of the remainder interest that will pass to charity. This makes a CRT a great vehicle for highly appreciated assets as the assets can be contributed to the CRT and the assets will not generate any tax to the trust when sold inside the CRT. However, it is important to note that the payments made to the individuals, may be subject to taxes at the individual level. Also, it is important to note that in order to receive the tax benefits and to qualify as a CRT, the IRS has placed certain restrictions on how a CRT must be structured, this is in part to ensure that a portion of the assets will in fact pass to the designated charities.

For more information on estate planning, check out our post on the benefits of a will.


UMB Financial Corporation (Nasdaq: UMBF) is a financial services holding company headquartered in Kansas City, Mo., offering complete banking, payment solutions, asset servicing and institutional investment management to customers. UMB operates banking and wealth management centers throughout Missouri, Illinois, Colorado, Kansas, Oklahoma, Nebraska and Arizona. It also has a loan production office in Texas. Subsidiaries of the holding company include mutual fund and alternative investment services groups, single-purpose companies that deal with brokerage services and insurance, and a registered investment advisor that manages the company's proprietary mutual funds and investment advisory accounts for institutional customers.



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Financial Word of the Week: Charitable Lead Trust

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Financial Word of the Week - beneficiary

Last week, we told you what a beneficiary is and advice on how to name them in your will, trust or life insurance policy.

A charitable lead trust (CLT) is an irrevocable trust that provides an income interest to one or more charities with the remainder either reverting back to the donor, or passing to one or more individuals named by the donor. The charities generally receive an annual payment equal to a fixed annuity amount or a percentage of the trust assets valued annually.  The trust can be established for the charitable payout to last for a term of years, based on a measuring life, or a combination of the two. After the end of the charitable period, the remaining property will pass to the individuals as specified in the trust (frequently the family members of the donor). The grantor may qualify, depending on the arrangement, for a current income tax charitable deduction for the present value of the charitable gift.

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CLTs are a highly useful way to simultaneously support a charitable organization of the settlor’s choice while still retaining the assets long term for the use of the settlor or his beneficiaries.

For more information on estate planning, check out our post on the benefits of a will.


UMB Financial Corporation (Nasdaq: UMBF) is a financial services holding company headquartered in Kansas City, Mo., offering complete banking, payment solutions, asset servicing and institutional investment management to customers. UMB operates banking and wealth management centers throughout Missouri, Illinois, Colorado, Kansas, Oklahoma, Nebraska and Arizona. It also has a loan production office in Texas. Subsidiaries of the holding company include mutual fund and alternative investment services groups, single-purpose companies that deal with brokerage services and insurance, and a registered investment advisor that manages the company's proprietary mutual funds and investment advisory accounts for institutional customers.



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Financial Word of the Week: Beneficiary

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Financial Word of the Week - beneficiary

The technical definition of a beneficiary is one who benefits from the act of another.  In the financial world, the term beneficiary is used in many contexts, generally to describe an individual or entity that is to receive an interest in property.

Some of the most common uses of the term beneficiary include:

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  • naming a beneficiary of a life insurance policy, retirement plan or IRA,
  • designating the individuals who are to receive an interest in property upon the death of the original owner (generally through the use of a Will or trust), and
  • using a transfer on death or pay on death designation on a financial account (such a s a checking account, savings account or investment account).

When you’re designating beneficiaries, you can generally name individuals, charities, organizations or trusts. You might even list a group of individuals, such as surviving family members.

Many financial advisors urge clients to review their list of beneficiaries as often as possible, but most importantly after a life-changing event in which their financial priorities may have changed. This may include a death of a loved one, birth, marriage, divorce, a significant change in the individual’s financial situation or a significant change to the tax law.

It’s important to be as specific as possible when naming beneficiaries to avoid any confusion once the benefactor passes away. You should state how the benefits are doled out if one or more beneficiaries are not able to receive their distribution. This could occur if a person lists four children as beneficiaries, with each listed to receive one-fourth of the estate. If one of those children passes away before the benefactor, it could affect the distribution process if clear conditional instructions have not been included. You should also consider whether you would like the named beneficiary to have complete access to the assets or if you would like to restrict access in some manner.  For example, for many assets it may be possible to name a trust as the beneficiary and have the trust provide for limited distributions to the individuals for their health, education, maintenance and support (or however the benefactor desires to limit the distributions).

Because the naming of beneficiaries can have a substantial impact on your financial and estate plan, it is important to visit with your attorney or financial planner to see what options are available and to determine how such designations impact your individual plan.

For more information on estate planning, check out our post on the benefits of a will.


UMB Financial Corporation (Nasdaq: UMBF) is a financial services holding company headquartered in Kansas City, Mo., offering complete banking, payment solutions, asset servicing and institutional investment management to customers. UMB operates banking and wealth management centers throughout Missouri, Illinois, Colorado, Kansas, Oklahoma, Nebraska and Arizona. It also has a loan production office in Texas. Subsidiaries of the holding company include mutual fund and alternative investment services groups, single-purpose companies that deal with brokerage services and insurance, and a registered investment advisor that manages the company's proprietary mutual funds and investment advisory accounts for institutional customers.



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Estate planning and how to avoid probate

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probate and wills

In a recent blog post, we discussed what might happen if you pass away without a will and what might happen with a will. When you pass away owning property in your sole name (regardless of if you have a will or not), your assets might need to go through probate in order for your heirs to inherit your property. Having a will does not avoid probate—it just determines who will receive your property. If you die owning property in your sole name without a will, your estate still passes through probate—but who receives your property will typically be determined under the laws of the state where your primary residence is at your date of death (the “intestacy laws”).

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Probate is a court process to provide for an organized way of winding up a deceased person’s affairs. During this process, a personal representative or executor is appointed by the Probate Court to supervise the collection of your probate assets, payment of your final bills and taxes, and distribution of your assets according to either your will or the intestacy laws. This may or may not be what you intend and might be more expensive than if you made other plans in advance.

Avoiding Probate

There are ways to distribute your property at your death according to your wishes without going through probate. While the techniques might vary from state to state, these typically include:

  • titling property jointly with another (“joint tenants with rights of survivorship”)
  • creating a beneficiary deed for real estate
  • adding a “transfer on death” or “pay on death” designation to assets, such as bank or investment accounts, or by beneficiary designation for assets such as your retirement plan, IRA or life insurance
  • creating a “revocable” or “living” trust and retitling your assets in the name of your trust

The trustee holds the legal title to the property owned in the revocable trust, not you as owner. The trust property is held by the trustee for your benefit during your lifetime.  You can choose to serve as your own trustee as long as you are able. At your death, the property held in the trust is distributed by the successor trustee of the trust to those family members, friends or charities you name in your trust agreement, similar to the instructions you can leave in your will.

A Living Trust

There are many advantages to creating a living trust:

  • Control: You can be your own trustee during your lifetime and then you name a successor trustee (such as a bank) to serve after you cannot or do not wish to serve.
  • Flexibility: You can typically change the terms of the trust at any time while you are living. If you become disabled, your successor trustee can step in and pay your bills, manage your investments and allow you to avoid “living probate” where otherwise a court appointed conservator might be needed to manage your affairs. You can create trusts for your minor children or grandchildren to be created after your death, hold assets in further trust for disabled or disadvantaged beneficiaries and even create trusts for charities.
  • Privacy: The terms of the trust and its assets and values are typically private, unlike a probate proceeding, which is a public matter where your will (if any) and list of assets are filed with the court and open to inspection by anyone.

Your living trust would be part of your overall estate plan, which would likely include a “pour over will” (just in case assets weren’t retitled into your trust’s name at your death), powers of attorney for financial and healthcare decisions and a living will.

 

Be sure to consult with an experienced estate planning attorney to discuss what estate plan is right for you under the circumstances.  We also recommend discussing your options with a wealth advisor who can assist you with your financial goals, working together with your attorney and other trusted advisors.

 

 

UMB is not providing you with any legal or tax advice.  You need to consult with your own legal and tax advisors to determine what estate plan is best for you and how the laws of the state governing your estate might affect you given your specific circumstances.

 

When you click links marked with the “‡” symbol, you will leave UMB’s website and go to websites that are not controlled by or affiliated with UMB. We have provided these links for your convenience. However, we do not endorse or guarantee any products or services you may view on other sites. Other websites may not follow the same privacy policies and security procedures that UMB does, so please review their policies and procedures carefully.


Ms. Teson is a Senior Vice President and Private Wealth Management’s Senior Legal Counsel at UMB Bank. She is responsible for managing Private Wealth Management’s Legal, Fiduciary Tax and Real Estate and Unique Asset teams. She joined UMB in 1992 and has been a licensed attorney for 32 years. She is also a Certified Financial Planner.



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UMB Insights: Selling your business

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Thinking about selling your business? A lot of business owners don’t realize what useful partners wealth advisors can be. Here are some things to keep in mind as you make these important decisions.

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Mr. Trujillo is a Senior Portfolio Manager for UMB Private Wealth Management. He is responsible for portfolio construction and management for high net worth clients. He joined UMB in 2007 and has 19 years of experience in the financial services industry. Mr. Trujillo is a CFP® professional.



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Benefits of a will

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A will allows you to protect and distribute your property owned by you at your death* through a written legal document. By detailing who should inherit what, you try to ensure that your possessions are distributed by your wishes, rather than state laws.  Remember, having a will does not mean that your estate will avoid probate.
Benefits of Having a Will

*Your will only affects property owned by you at your death titled in your sole name. It typically does not affect property which is owned as joint tenants with rights of survivorship, which passes by beneficiary deed or designation, including “Pay on Death” or “Transfer on Death,” or which is owned by a trust.

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UMB is not providing you with any legal or tax advice.  You need to consult with your own legal and tax advisors to determine what estate plan is best for you and how the laws of the state governing your estate might affect you given your specific circumstances.

 

When you click links marked with the “‡” symbol, you will leave UMB’s website and go to websites that are not controlled by or affiliated with UMB. We have provided these links for your convenience. However, we do not endorse or guarantee any products or services you may view on other sites. Other websites may not follow the same privacy policies and security procedures that UMB does, so please review their policies and procedures carefully.


Ms. Teson is a Senior Vice President and Private Wealth Management’s Senior Legal Counsel at UMB Bank. She is responsible for managing Private Wealth Management’s Legal, Fiduciary Tax and Real Estate and Unique Asset teams. She joined UMB in 1992 and has been a licensed attorney for 32 years. She is also a Certified Financial Planner.



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Pairing your passion with your giving

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Did you know you can use a wealth advisor for more than simply financial and estate planning? Whether it’s your business or your family’s philanthropy, a wealth advisor can match you with the organizations you want to work with and even set up meetings with the board of directors for you if desired.

The “why” behind giving is the most vital. When we match an organization’s mission with a person’s passion, there’s power in that.

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Ms. Barnas joined UMB in 2007. As Senior Vice President Regional Manager, she is responsible for the growth and support of new customer relationships as well as supervision of regional sales associates. She is also responsible for oversight and delivery of the financial planning discipline within the region. Ms. Barnas has 28 years of experience in the financial industry. Prior to joining UMB, she served in retail and collections management at Bank of America and Banc of America Investment Services, Inc. and premier client manager within the Global Wealth and Investment Management division. Ms. Barnas studied business and communications at Missouri State University in Springfield, Mo. She serves on the Child Advocacy Center Board and the Director’s Council for the Foundation for Springfield Public Schools, and she was the Charter President of the Summit Optimist Club in Springfield, Missouri.



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Talk is not cheap when it comes to family money

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The most important concept to understand when transferring wealth is the communication plan. It may be difficult, but here’s why you need to focus on it.

Click “continue reading” for more a more in-depth look at this topic.

 

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How to broach the subject of transferring wealth to your children and grandchildren

Money used to be a taboo topic—one your great-grandparents and grandparents would never consider discussing with the next generation. However, times have changed—and so has the thought on these conversations. People want to talk about it while they’re still able to, and there are many benefits to that.

Why the big shift? New wealth, complicated investing vehicles and legacy desires are a few reasons. Many people have seen the challenges that come with unexplained inheritance parameters and instructions. However, discussing your strategies with beneficiaries ahead of time can eliminate confusion, frustration and hurt feelings.

With money comes responsibility and expectations

Educating your beneficiaries on the responsibilities that come with inheriting wealth is important, particularly if you would like your wealth to live beyond the next generation. As you formulate strategies to leave your hard-earned assets to loved ones, you may wish to structure a plan that provides financial security for not only your immediate heirs, but theirs as well.

Start the conversation early

Your children need to be old enough to understand the information, but you can begin talking with them about areas like philanthropy as early as grade school. For example, if your family makes an annual donation, you can involve your children in choosing recipients. Discuss causes that are important to them. Maybe they love pets or want to help give other kids presents for the holidays. Talk about it and let them help pick who you support.

As your children enter the high school years, you can work with your financial advisor to help introduce fundamentals like budgeting and personal cash flow management. Then during their early to mid-20s, you can begin conversations about your estate plan.

Share the strategy

Wealth advisors, or financial planners, generally start the conversation with the older generation about how to share their estate planning details. This is one of the most significant services these advisors provide, because they assist in explaining the estate plan structure, and many times will facilitate the conversation about the strategy.

Inheritors have a lot of questions when discussing their trusts and the strategy behind them, sometimes misunderstanding the intent.  Wealth advisors are neutral parties who explain that securing assets until a certain age is a strategic step. Whether it’s done to ensure measured wealth disbursement or to enable the inheritor to mature before accessing funds, these decisions are made from a comprehensive planning standpoint.

Intergenerational wealth transfer is an extremely complicated process—it can be complicated to execute and emotions are always a factor. Talk with your wealth advisor—they can proactively counsel and assist in both building your strategy and communicating amongst generations. Having these conversations can be the difference in you leaving a gift and establishing a legacy.


Mr. Clyne is a Vice President, Wealth Advisor for UMB Private Wealth Management. He is responsible for delivering customized financial planning with an emphasis on the areas of risk management, investment and wealth transfer. He joined UMB in 2011 and has 11 years of experience in the financial services industry. He serves on St. Louis University Finance Department Advisory Board and Volunteer Lawyers and Accountants for the Arts.



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Do you need a wealth advisor?

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Do you need a wealth advisor (also known as financial planner)? You might think that only the very wealthy need this type of expert advice. If you’re interested in investing, whether it’s for retirement, education or to leave a legacy, it is recommended that you work with a financial planning professional.

Whether it’s your first time talking to a financial planning professional or your 10th, you want to ensure your advisor is taking the time to ask the sometimes difficult questions to plan the best future for you.

Basic financial planning questions

Most customers focus on questions like:

  • Will I have enough to retire?
  • Will my children’s education be taken care of?
  • What if I get sick?

These are important topics to cover, but an in-depth financial/estate planning will include more than these basic questions.

Do I need a trust?

One question you should ask is, “Do I need a trust?” A trust is a legal agreement that allows you to transfer assets to a trustee. A trust can be used for various reasons including to:

  • manage assets
  • protect assets
  • facilitate charitable gifts
  • transfer of monetary assets or property

If the answer is yes, your advisor should assist you with making sure your assets are titled appropriately, or given the correct ownership recognition. You wouldn’t want to spend several thousand dollars for an attorney to prepare a trust document, only to find out that the assets aren’t titled appropriately. If so, the trust doesn’t get funded and your estate plan isn’t carried out to your intentions.

What about insurance?

Your advisor should also discuss the topic of insurance with you. Customers and advisors sometimes avoid this question, as it can be an uncomfortable conversation. Most insurance is used in the case of a disaster, accident, illness or death, and these are not pleasant subjects to discuss. You want an advisor who will understand the sensitivities of these topics, but will not avoid the subject. Insurance is an important part of a financial plan and it can be helpful to your family’s future.

Building relationships

You should look for an advisor who will build a relationship with you. If they work to create more than a business partnership, it’s likely there will be more open dialogue between you both. Advisors who are thorough in their work and ask the hard questions will be able to build a solid financial/estate plan for you, your family and their future generations.

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When you click links marked with the “‡” symbol, you will leave UMB’s website and go to websites that are not controlled by or affiliated with UMB. We have provided these links for your convenience. However, we do not endorse or guarantee any products or services you may view on other sites. Other websites may not follow the same privacy policies and security procedures that UMB does, so please review their policies and procedures carefully.

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UMB Financial Corporation (Nasdaq: UMBF) is a financial services holding company headquartered in Kansas City, Mo., offering complete banking, payment solutions, asset servicing and institutional investment management to customers. UMB operates banking and wealth management centers throughout Missouri, Illinois, Colorado, Kansas, Oklahoma, Nebraska and Arizona. It also has a loan production office in Texas. Subsidiaries of the holding company include mutual fund and alternative investment services groups, single-purpose companies that deal with brokerage services and insurance, and a registered investment advisor that manages the company's proprietary mutual funds and investment advisory accounts for institutional customers.



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The Plan in Planned Giving

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Planned giving can be an important tool when planning for the future of your estate. Some may have a desire to give to non-profit organizations, including their alma mater, a medical research project or a favorite youth organization. Whatever your desire, make sure you work with an experienced financial partner that can help guide you through the process to ensure your goals can be met.

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First, what constitutes a meaningful gift?

Quite simply, any gift is a meaningful gift. Many people are under the impression that only the very wealthy can be philanthropic. However, this is not the case. Gifts of any size are greatly appreciated by non-profit organizations, especially now as economic challenges have affected many individuals’ ability to donate while the needs continue to grow.

Motivations for gifting

The reasons for gifting vary greatly depending on the individual. Compassion for those in need, an extension of a religious or spiritual commitment, desire to share good fortune with others and memorializing the lives of others are some of the most prevalent reasons for planned gifts. You should personally evaluate your motivation and goals, and keep them in mind when determining how and when you want to support a cause.

Selecting the “right” organization

There are many worthy organizations, and choosing the non-profit that best fits your giving intentions is extremely important. Once your inspiration for giving has been clearly identified, make a short-list of potential groups. Organizations should be carefully researched and vetted to ensure you are comfortable with the final decision. It’s important to learn about a specific topic or organization, so your philanthropy can be used in a meaningful way. Once one or more organizations have been selected, a financial partner can help you define your vision, determine how the gift will be distributed and then evaluate, when possible, how the gift has been used.

Gift Options

Another item to consider is the type of gift you may want to give. Many organizations have gift acceptance policies, which may exclude certain types of donations. Things like stocks, real estate, art or other items may be quite valuable, but you should have a conversation with the organization first to ensure they are able to accept these types of gifts.  

Planned giving is an extremely meaningful and personal investment. Taking the time to evaluate these types of questions can really help individuals and organizations make the most of charitable gifts.


Jan Leonard is senior vice president and managing director for charitable trusts, private foundations and fine art services. She joined UMB in 2003 and has more than 25 years of experience in the management of private and public organizations. Leonard earned a bachelor’s degree from Arkansas Tech University and a master’s degree in business administration from Ottawa University in Ottawa, Kan. She is also a graduate of the Cannon School of Foundation Management.



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